FAQ – Post-Divorce
Please review some commonly asked questions and my responses. To submit your own question and get a response, please click here.
My Ex is Not Following our Divorce Agreement/Order, What Can I Do?
You obtained a final divorce by either entering into an agreement, or having a trial after which the Court entered an Order, or a combination of both. An Agreement has the same weight as a fully enforceable Order and must be followed by both parties just like it is an Order issued by the Court. If one party is not complying with an Order, you can go back to Court to require that they follow the Order by filing a Motion to Enforce the divorce agreement/Order. Prior to doing so, we can try to contact the other party and request compliance, letting them know that we will file a motion in Court if they do not comply. If you are forced to file a Motion, you can request that the other party pay your legal fees.
We both waived alimony in our Divorce Agreement, can one of us go back to court to get alimony after the divorce?
It depends on the terms of your Agreement. Most Agreements will have a complete waiver of alimony, now and forever, and no matter what happens in the future. If that is the case, it is unlikely that either party can seek alimony. If your Agreement does not have this language, either party can go back to seek alimony at a later date, however it would be difficult to do so and would require satisfying certain legal requirements. Such a request is complicated and you likely would benefit from a consultation with an attorney if you are seeking alimony or defending against a request for alimony.
Can I go back to Court to increase/reduce child support that is in my Divorce Agreement/Order?
Yes. Generally, child support can be modified even after you enter into the Agreement or get a Court Order. There are legal requirements you have to show to get an increase or decrease in child support. Generally, any significant changes in circumstances can trigger a request to modify child support, but you have to show the Court that this change exists and are long-term. Changes include increase/decrease in income, emancipation, new children born, disability, changes in costs for the child, and many other changes. You can consult with an attorney to discuss your circumstances and see whether you have a good case to modifying your child support.
Can I change the terms of my Agreement?
It is likely that your Agreement states that all changes must be in writing and signed by both parties. If that is the case, and even if it does not contain this language, any changes must be in writing and signed by both parties, or you will need an Order of the Court to change the Agreement. If you both agree on a change, you can write down the agreement and sign it. If you do not agree on the change, then the person seeking the change would have to make a Motion to the Court to make the change requested. There are legal requirements you need to prove to make such a change. It is best to consult with an attorney to see whether the changes you are requesting and the circumstances surrounding them, will meet the legal requirements to change the Agreement